Preston v. City of Newton
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court on February-13, 1912, by the owner of a strip of land on Washington Street in Newton, against that city, alleging a taldng of the greater portion of such strip of land by the defendant for the widening of Washington Street and the further taking of an easement of slope in an additional portion of such strip, alleging also that the defendant never had made use of such easement of slope and had not graded such additional land…
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Bill in equity, filed in the Supreme Judicial Court on February-13, 1912, by the owner of a strip of land on Washington Street in Newton, against that city, alleging a taldng of the greater portion of such strip of land by the defendant for the widening of Washington Street and the further taking of an easement of slope in an additional portion of such strip, alleging also that the defendant never had made use of such easement of slope and had not graded such additional land to connect with the plaintiff’s remaining land, so that the plaintiff was deprived of the reasonable use of such…
1Opinion of the CourtDe Cotjbcy, J.
This is a bill in equity relative to a talcing of land by the city of Newton for the widening of Washington Street. *485The order of the board of aldermen purported to take a strip of land about four hundred and eleven feet in length, nine feet in width at the northerly end and tapering to a point at the southerly end; and also an easement of slope in the adjoining land. As these two elements are separable and are governed by different legal principles, we shall first consider the strip of land taken and laid out for a street.
It is apparent from the description and plan duly filed in the registry…
2Cases cited12 opinions
- First Baptist Church of Sharon v. HarperMassachusetts Supreme Judicial Court · 1906
- Pinkham v. Inhabitants of ChelmsfordMassachusetts Supreme Judicial Court · 1872
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- Lancy v. City of BostonMassachusetts Supreme Judicial Court · 1904
- Metcalf v. Mayor of BostonMassachusetts Supreme Judicial Court · 1893
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3Cited by15 opinions
- Barnes v. City of SpringfieldMassachusetts Supreme Judicial Court · 1929
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